I want to strike off my defunct private limited company in Kollam — what is the procedure?

Detailed Legal Analysis

To strike off a defunct private limited company in Kollam, you must follow specific procedures outlined under the Companies Act, 2013, primarily Section 248, and adhere to the rules provided in the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

Here’s a step-by-step procedure to strike off your company:

• Eligibility Check: Ensure that your company meets the criteria for striking off, such as:
  • It has not commenced business or has ceased to do business for a period of two years.
  • It has no outstanding liabilities.
  • All the directors and shareholders agree to the strike-off.
• Hold a Board Meeting: Convene a board meeting and pass a resolution to approve the proposal for striking off the company.
• File Form STK-2: Prepare and file Form STK-2 with the Registrar of Companies (RoC) which includes:
  • A copy of the board resolution.
  • Affidavit from directors confirming compliance with the required conditions.
  • The latest financial statements and a statement of assets and liabilities.
• Pay Fees: Pay the prescribed fee along with the filing of Form STK-2 as specified in the Companies (Registration Offices and Fees) Rules, 2014.
• Public Notice: After filing, the RoC will publish a notice in the official gazette and a leading newspaper to invite objections, if any, within the stipulated time frame (usually 30 days).
• Objection Handling: If no objections are raised, the RoC will proceed with the strike-off. If there are objections, you will need to resolve them accordingly.
• Issuance of Certificate: Upon completion of the process, and if all criteria are met, the RoC will issue a certificate of strike-off, which formally dissolves the company.

Additionally, ensure compliance with any tax obligations and file necessary returns with the Income Tax Department before proceeding with the strike-off. Failure to do so may result in penalties or denial of the strike-off application.

For detailed legal guidance, consulting with a corporate lawyer experienced in company law may be beneficial to navigate the process smoothly.